# C_2021289EN.01000501.xml

| 19.7.2021 | EN | Official Journal of the European Union | C 289/5 |
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19.7.2021

EN

Official Journal of the European Union

C 289/5

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Judgment of the Court (Fourth Chamber) of 3 June 2021 (request for a preliminary ruling from the Bundesverwaltungsgericht — Germany) — BZ v Westerwaldkreis

(Case C-546/19) (1)

(Reference for a preliminary ruling - Area of freedom, security and justice - Immigration policy - Return of illegally staying third-country nationals - Directive 2008/115/EC - Article 2(1) - Scope - Third-country national - Criminal conviction in the Member State - Article 3(6) - Entry ban - Grounds of public policy and public security - Withdrawal of the return decision - Lawfulness of the entry ban)

(2021/C 289/06)

Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Applicant: BZ

Defendant: Westerwaldkreis

Operative part of the judgment

| 1. | Article 2(1) of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals must be interpreted as meaning that that directive applies to a ban on entry and stay, imposed by a Member State, which has not made use of the option provided for in Article 2(2)(b) of that directive, against a third-country national who is on its territory and is the subject of an expulsion order on grounds of public security and public policy, on the basis of a previous criminal conviction. |
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1.

Article 2(1) of Directive 2008/115/EC of the European Parliament and of the Council of 16 December 2008 on common standards and procedures in Member States for returning illegally staying third-country nationals must be interpreted as meaning that that directive applies to a ban on entry and stay, imposed by a Member State, which has not made use of the option provided for in Article 2(2)(b) of that directive, against a third-country national who is on its territory and is the subject of an expulsion order on grounds of public security and public policy, on the basis of a previous criminal conviction.

| 2. | Directive 2008/115 must be interpreted as precluding the maintenance in force of a ban on entry and stay, issued by a Member State against a third-country national who is on its territory and is the subject of an expulsion order, which has become final, adopted on grounds of public security and public policy on the basis of a previous criminal conviction, where the return decision adopted in respect of that third-country national by that state has been withdrawn, even if that expulsion order has become final. |
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2.

Directive 2008/115 must be interpreted as precluding the maintenance in force of a ban on entry and stay, issued by a Member State against a third-country national who is on its territory and is the subject of an expulsion order, which has become final, adopted on grounds of public security and public policy on the basis of a previous criminal conviction, where the return decision adopted in respect of that third-country national by that state has been withdrawn, even if that expulsion order has become final.

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(1)  OJ C 348, 14.10.2019.

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